Power To Protect People: The American Legal System – Under Attack


Power To Protect People: The American Legal System – Under Attack

January, 2017

Dear Care for Crash Victims Community Members:

First, watch Nader Interview at  https://www.youtube.com/watch?v=Ll3jtTJLRcA

Second, read “The Truth About Torts” and all the ways our paths to health, safety, happiness, and justice are under attack at http://www.progressivereform.org/torts.cfm

Third, see article on our legal rights to protect our safety and happiness and a graphic of Lady Justice struggling under the burden of Big Bucks published by Legal Reader at http://www.legalreader.com/power-of-people-to-protect-people/

The Lady Justice graphic is available for reproduction free with attribution to Legal Reader.

Lou Lombardo

 

Truck Safety Coalition Compares Safety Progress in EU vs. U.S. Decline since 2009


Truck Safety Coalition Compares Safety Progress in EU vs. U.S. Decline since 2009

January, 2017

Dear Care for Crash Victims Community Members:

Safety record in truck tragedies increase of 15% in U.S. is compared with E.U. progress in reduced truck tragedies of 23%. See attached graphic.

 

Fwd: URGENT: Response of Safety Groups to Tired Trucker Provision in Continuing Resolution


Fwd: URGENT: Response of Safety Groups to Tired Trucker Provision in Continuing Resolution

December, 2016

Dear Care for Crash Victims Community Members:

Please see the Press Release below on Congressional Action that will result in more deaths and injuries to Americans.

An information resource is the map of all Congressional Districts (114th Congress) with a tally of a decade of vehicle violence deaths in each district over the past decade.  Available to the public athttps://www.arcgis.com/home/webmap/viewer.html?webmap=e21e612d64654d75943f85a1a6035472

Lou Lombardo

———- Forwarded message ———- From: Cathy Chase <cchase@saferoads.org> Date: Tue, Dec 6, 2016 at 11:02 PM Subject: URGENT: Response of Safety Groups to Tired Trucker Provision in Continuing Resolution To: Cathy Chase <cchase@saferoads.org>

FOR IMMEDIATE RELEASE: December 6, 2016

Contact:

Advocates: Cathy Chase, cchase@saferoads.org, (o) 202-408-1711 or (c) 571-243-7282

CRASH and PATT: John Lannen, jlannen@trucksafety.org, (o) 703-294-6404 or (c) 703-328-5007

 

Statement of Highway, Auto & Truck Safety Groups in Response to Removal of Truck Driver Safety Protections in Continuing Resolution

 

4,067 People Killed in Truck Crashes in 2015, 

Yet Congress is Poised to Pass “Poison Pill” Provision

 

Washington, D.C. – Tonight, the text of the FY 2017 Continuing Resolution (Rules Committee Print 114-70) was released revealing that the Obama truck driver hours of service (HOS) rule will be decimated with the removal of the two safety provisions, a two-consecutive night off requirement and a one-week limitation on the use of the 34-hour restart.  

 

Safety groups responded to this news:

 

Jackie Gillan, president of Advocates for Highway and Auto Safety (Advocates), said, “In a major assault on the safety of families and truck drivers across the country, the House and Senate Republican leaders just delivered special trucking interests an early Christmas present. Language inserted in the year-end government funding bill repeals key safety features of the Obama Administration’s truck driver hours of service rule intended to combat truck driver fatigue.  The Obama rule requires that after a grueling week of 75 or more work hours, truck drivers, who take only the minimum 34-hours off duty between work weeks, must get two consecutive nights of rest during the 34-hour off duty period.  Studies show that nighttime sleep is much more restful than attempts to sleep during daytime. Special interests succeeded in getting this rollback despite the growing problem of truck driver fatigue in the industry, unabated increases in truck crash deaths and injuries, and overwhelming public opposition.  

 

However, none of this mattered to trucking interests and their friends on the House and Senate Appropriations Committee.  This attack on safety comes at a critical time.  Last year, 4,067 people were needlessly killed in crashes involving large trucks, representing an increase of 4 percent from the previous year and a 20 percent increase from 2009.  This is the first time truck crash deaths have exceeded 4,000 since 2008.  Further, preliminary 2015 federal government data shows 116,000 people were injured in crashes involving large trucks — an increase of 57 percent since 2009.  The annual cost to society from crashes involving commercial motor vehicles is estimated to be over $110 billion. 

 

It is simply unthinkable that any industry with such an abysmal safety record and responsible for so many innocent deaths and injuries could actually find so many willing partners in Congress to push their greedy anti-safety agenda.”  

 

Joan Claybrook, Chair of Citizens for Reliable and Safe Highways (CRASH) and former Administrator of the National Highway Traffic Safety Administration, stated, “This action to rip out essential safety protections for hard-working truck drivers who deserve a weekend off for adequate rest and recovery time is yet another example of the grip that corporate trucking interests have on some Members of Congress.  The American public is scared of sharing the road with exhausted and overworked drivers behind the wheel of a big rig and with good reason.  In fatal crashes involving a large truck and a passenger car, 98% of the deaths are the occupants of the car.  The House and Senate Appropriations Committees have held more than 100 congressional hearings this year.  However, the Republican Committee leaders never allowed a single hearing on this important issue. Instead, the repeal of the truck safety provisions was secretly attached to a must pass spending bill because they knew it wouldn’t pass muster.  This action will literally have life and death consequences for truck drivers and all motorists sharing the roads with them.  This ‘tired trucker’ provision has no place in this bill and Congress has no business coddling trucking interests using a backdoor legislative maneuver to circumvent public debate and conceal safety impacts.”

 

Daphne Izer, Founder of Parents Against Tired Truckers (P.A.T.T.), responded, “Once again, our lawmakers caved to special interests and put everyone who travels our roads at risk by including the “tired trucker” provision in the Continuing Resolution. As a mother who began advocating to make trucking safer after my son Jeff was killed by a truck driver who fell asleep while driving, I am devastated that language to increase the number of hours that truck drivers can drive and work was included in a must-pass bill. This rollback of the Hours of Service rules will do nothing to address the issue of driver fatigue and will certainly not reduce the number of fatigue related crashes. It does, however, show a disregard for the nearly 100,000 people who have been killed in truck crashes since I began working to make trucking safer, and the families like mine who are left to cope with the grief that decisions like these cause.” 

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Senators Warn Public of Safety Reversal by Autonation


Senators Warn Public of Safety Reversal by Autonation

December, 2016

Dear Care for Crash Victims Community Members:

Please see Press Release from Senators who care about preventing needless deaths and injuries.
The public needs to be warned that the nation’s largest new auto dealer has broken its promise to stop selling used vehicles with safety defects.

 

cid:image002.png@01D08CC6.9E16EC20

 

For Immediate Release

Contact: Maria McElwain (Blumenthal)

(202) 224-6452

Giselle Barry (Markey)

(202) 224-2742

December 6, 2016

 

BLUMENTHAL & MARKEY RESPOND TO AUTONATION DECISION TO RESUME SALES OF “DEADLY” CARS UNDER RECALL

Senators Call on Auto Retailer to Fully Inform

Consumers of Broken Promise

 

[WASHINGTON, D.C.] – U.S. Senators Richard Blumenthal (D-CT) and Edward J. Markey (D-MA), authors of the Used Car Safety Recall Repair Act, issued the following statement after AutoNation, Inc. – the nation’s largest new auto retailer – announced that it is reversing its policy to stop selling cars with recalled safety defects until the defective parts are repaired.

 

“AutoNation’s decision to resume the sale of deadly used cars in the wake of this presidential election is deeply troubling, and will lead to tragic consequences on our nation’s roads and highways. After reversing course on its widely-advertised pledge to not sell defective cars, AutoNation now bears the responsibility of informing consumers about its broken promise. The company now has an obligation to publicize its decision to reverse course as widely as its original move towards better safety,” the Senators said. “Unfortunately, until Congress acts to ensure there is a level playing field for used car dealers who want to do the right thing for their customers, we will continue to see cars with deadly defects on our roads. In the wake of this announcement, we plan to double down on efforts to protect consumers from the worry that they might be buying a used car with unrepaired recalls.”‎

 

In 2015, Blumenthal and Markey introduced the Used Car Safety Recall Repair Act, which would require used car dealers to repair any outstanding safety recalls in used automobiles prior to selling or leasing and the Repairing Every Car to Avoid Lost Lives (RECALL) Act that would require owners of vehicles with open safety recalls to be notified and help ensure defects are repaired. The Senators have also urged auto manufacturers to take necessary action to protect consumers after defective parts are identified and recalled.

 

-30-

Lou Lombardo

 

Two Maps of U.S.A. States: Vehicle Death Rates & Electoral College


Two Maps of U.S.A. States: Vehicle Death Rates & Electoral College

December, 2016

Dear Care for Crash Victims Community Members:
State Vehicle Death Rates:
Trump States had the worst motor vehicle fatality rates.

 

Trump State Map Fatalities

Lou Lombardo

 

Another Deadly Failing Grade on the Obama Administration’s Safety Record


Another Deadly Failing Grade on the Obama Administration’s Safety Record

December, 2016

Dear Care for Crash Victims Community Members:

Please see Advocates Release below.

cid:image001.png@01D2508C.45D44B30

 

FOR IMMEDIATE RELEASE: December 7, 2016

Contact: Allison Kennedy, 202-408-1711akennedy@saferoads.org

 

STATEMENT OF PETER KURDOCK,

DIRECTOR OF REGULATORY AFFAIRS

ON RELEASE OF DO-NOTHING

ENTRY-LEVEL DRIVER TRAINING RULE

 

Meaningless Rule Issued by FMCSA Disregards Congressional Mandates, Federal Court Precedent, Experts Convened by the Agency and Common Sense

Rule Only Adds to Agency’s Shameful Legacy of Failing to Issue Effective Training Rule to Advance Safety and Protect the Public

As fatal truck crashes reach levels not seen in years, the Federal Motor Carrier Safety Administration (FMCSA) has once again shirked its duty to protect truck drivers and the public by issuing a rule that fails to require a minimum number of behind-the-wheel (BTW) training hours for new Commercial Driver’s License (CDL) applicants before sharing the road with American families. The agency’s history of issuing ineffective proposals for CDL training is simply inexcusable when the safety of the motoring public and commercial drivers is at stake.

 

Congress, safety groups and families of truck crash victims have been battling to get the U.S. Department of Transportation (DOT) to act on a CDL training rule for over two decades.  Individuals operating a large commercial motor vehicle (CMV), either a truck weighing as much as 80,000 pounds or a motorcoach full of passengers traveling home for the holidays, need to have some actual BTW training. Currently, the FMCSA requires only 10 hours of classroom instruction with no BTW training requirement.  In 2005, the United States Court of Appeals for the District of Columbia Circuit rejected a CDL training rule that failed to require BTW hours.  In 2012, Congress directed FMCSA to issue a rule requiring BTW training as part of the Moving Ahead for Progress in the 21st Century Act (MAP-21, Pub. L. 112-141).  That same year, FMCSA’s Motor Carrier Safety Advisory Committee (MCSAC), comprised of transportation and safety experts also recommended that the agency require a minimum number of BTW hours as part of any training rule.

 

In 2015, FMCSA convened a group of experts to draft a training rule as part of a Negotiated Rulemaking. All but two members of the group supported a requirement that ensures candidates would receive a minimum amount of BTW training.  The vote was unanimous as to the members of the group representing safety groups, training schools, the motorcoach industry and individual drivers.  The Notice of Proposed Rulemaking issued earlier this year reflected the consensus reached by the group.  Yet, in a complete reversal, the Final Rule issued today strips the BTW requirement and ignores the consensus reached by experts who have collectively spent decades examining this issue.   

 

The FMCSA’s decision regarding BTW training also ignores established industry practice and defies common sense.  The leading CDL training schools already require that their students complete a minimum number of hours of BTW training.  Numerous states also require that licensed CDL training schools provide a minimum number of BTW hours.  The Federal Aviation Administration (FAA) requires candidates seeking a commercial pilot’s license must have accumulated approximately 250 hours of flight time.  Transportation occupations are not alone in requiring that new entrants gain practical experience before earning a license.  Barbers licensed in Virginia must accumulate 490 hours of minimum performances and nail technicians must have 275 hours.  FMCSA, however, believes there should be no minimum hours required to master the difficult job of safely operating a CMV.

 

The agency’s utter failure to once again issue a training rule that will require that CDL applicants gain experience that can only be obtained by actually operating a CMV comes at a critical time.  In 2015, 4,067 people were killed in crashes involving large trucks, representing an increase of 4 percent from the previous year and a 20 percent increase from 2009.  This is the first time truck crash deaths have exceeded 4,000 since 2008.  Further, early release data for 2015 shows that 116,000 people were injured in crashes involving large trucks — an increase of 57 percent since 2009.  The annual cost to society from crashes involving commercial motor vehicles is estimated to be over $110 billion. 

 

The agency has a history of failing the public, and has once again done so by issuing a weak and ineffective rule that will do nothing to advance safety.

 

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Another “Shameful!” failure of the Obama Administration to protect people by working to end vehicle violence.

Watch the DOT Revolving Door.